1999 : Mah. XXX]

Maharashtra Control of Organised
  Crime Act, 1999

GOVERNMENT  OF  MAHARASHTRA

LAW  AND  JUDICIARY  DEPARTMENT

MAHARASHTRA ACT No. XXX OF 1999

THE  MAHARASHTRA  CONTROL  OF
ORGANISED  CRIME  ACT,  1999

(As  modified  upto  the  29th  October  2012)

*

PRINTED IN INDIA BY THE MANAGER, GOVERNMENT CENTRAL PRESS, MUMBAI
AND PUBLISHED BY THE DIRECTOR, GOVERNMENT PRINTING, STATIONERY AND
PUBLICATIONS, MAHARASHTRA STATE, MUMBAI 400 004.

2012

[Price—Rs.  17.00]

1999 : Mah. XXX]

Maharashtra Control of Organised
  Crime Act, 1999

(i)

THE MAHARASHTRA CONTROL OF ORGANISED CRIME
ACT, 1999

CONTENTS

PREAMBLE .
SECTIONS.

1. Short title, extent and commencement.
2. Definitions.

3. Punishment for organised crime.

4. Punishment for possessing unaccountable wealth on behalf of

member of organised crime syndicate.

5. Special Courts.

6.

Jurisdiction of Special Court.

7. Power of Special Courts with respect to other offences.

8. Public Prosecutor.

 9. Procedure and powers of Special Court.

 10. Trial by Special Courts to have precedence.

 11. Power to transfer cases to regular Courts.

 12. Appeal.

 13. Appointment of Competent   Authority.

 14. Authorization  of  interception  of  wire,  electronic  or  oral

communication.

 15. Constitution  of  Review  Committee  for  review  of authorisation

orders.

 16.

Interception  and  disclosure  of  wire,  electronic  or  oral
communications prohibited.

 17. Special Rules of evidence.

 18. Certain confessions made to police officer to be taken  into

consideration.

 19. Protection of witnesses.

 20. Forfeiture and attachment of property.

 21. Modified application of certain provisions of the Code.

 22. Presumption as to offences under section 3.

 23. Congnizance of, and investigation into, an offence.

 24. Punishment for public servants failing in the discharge of their

duties.

 25. Overriding effect.

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Maharashtra  Control  of  Organised  Crime
Maharashtra Control of Organised
Act,  1999
 Crime Act, 1999

[1999 : Mah. XXX

 26. Protection of action taken in good faith.

 27. Annual Report of Interceptions.

28. Power of High Court to make rules.

29. Powers of State Government to make rules.

30. Repeal of Mah. Ord. Ill of 1999 and saving.

1999 : Mah. XXX]

MAHARASHTRA ACT No. XXX OF 19991.

Maharashtra Control of Organised
  Crime Act, 1999

1

[THE MAHARASHTRA CONTROL OF ORGANISED CRIME ACT, 1999.]

(This Act received the assent of the President on the 23rd April 1999;

assent was first published in the Maharashtra Government Gazette, Part

IV, Extraordinary, on the 24th April 1999.)

An Act to make special provisions for prevention and control

of, and for coping with, criminal activity by organized crime

syndicate or gang,  and for matters  connected  therewith  or

incidental thereto.

WHEREAS it was expedient to make special provisions for prevention

and control of, and for coping with, criminal activity by organized crime

syndicate or gang, and for matters connected therewith or incidental

thereto ;

AND WHEREAS both Houses of the State Legislature were not in

session;

AND WHEREAS the Governor of Maharashtra was satisfied that

circumstances existed which rendered it necessary for him to take

immediate action to make a law, for the purposes aforesaid ; and therefore,

promulgated the Maharashtra Control of Organised Crime Ordinance,

1999, on the 24th February 1999;

AND WHEREAS it is expedient to replace the said Ordinance by an

Act of the State Legislature; It is hereby enacted in the Fiftieth Year of

the Republic of India as follows :—

1. (1) This Act may be called the Maharashtra Control of Organised

Crime Act,  1999.

(2) It extends to the whole of the State of Maharashtra.

(3) It shall be deemed to have come into force on  the 24th February

1999.

Short  title
and
commence-
ment.

2. (1) In this Act, unless the context otherwise requires,—

Definitions.

(a) “abet”, with its grammatical variations and cognate expression,

includes,—

1

For  Statement  of  Objects  and  Reasons, see  Maharashtra  Government
Gazette, 1999,  Extraordinary,  Part  V-A,  page  40.

H  770—1a

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[1999 : Mah. XXX

(i) the communication or association with any person with the
actual knowledge or having reason to believe that such person is
engaged in assisting in any manner, an organised crime syndicate ;

(ii) the passing on or publication of, without any lawful authority,
any information likely to assist the organised crime syndicate and
the passing on or publication of or distribution of any document or
matter obtained from the organised crime syndicate ; and

(iii) the  rendering  of any assistance,  whether financial  or

otherwise, to the organised crime syndicate ;

(b) “Code” means the Code of Criminal Procedure, 1973;

2 of
1974.

(c)  “Competent  Authority” means  the  Competent  Authority

appointed under section 13 ;

 (d) “continuing unlawful activity” means an activity prohibited by
law for the time being in force, which is a cognizable offence punishable
with imprisonment of three years or more, undertaken either singly
or jointly, as a member of an organised crime syndicate or on behalf
of such syndicate in respect of which more than one charge-sheets
have been filed before a comptent Court within the preceding period
of ten years and that Court has taken cognizance of such offence ;

 (e) “organised crime“ means any continuing unlawful activity by
an individual, singly or jointly, either as a member of an organised
crime syndicate or on behalf of such syndicate, by use of violence or
threat of violence or intimidation or coercion, or other unlawful means,
with the objective of gaining pecuniary benefits, or gaining undue
economic or other advantage for himself or any other person or
promoting insurgency ;

 (f) “organised crime syndicate” means a group of two or more
persons who, acting either singly or collectively, as a syndicate or gang
indulge in activities of organised crime ;

(g) “Special Court” means the Special Court constituted under

section 5.

(2) Words and expressions used but not defined in this Act  and  defined
in  the  Code  shall have  the  meanings respectively assigned to them in
the Code.

Punishment
for
organised
crime.

3. (1) Whoever commits an offence of organised crime shall,—

(i) if such offence has resulted in the death of any person, be
punishable with death or imprisonment for life and shall also be liable
to a fine, subject to a minimum fine of rupees one lac;

1999 : Mah. XXX]

Maharashtra Control of Organised
  Crime Act, 1999

3

(ii) in any other case, be punishable with imprisonment for a term

which shall not be less than five years but which may extend to

imprisonment for life and shall also be liable to a fine, subject to a

minimum fine of rupees five lacs.

(2) Whoever conspires or attempts to commit or advocates, abets or

knowingly facilitates the commission of an organised crime or any act

preparatory to organised crime, shall be punishable with imprisonment

for a term which shall be not less than five years but which may extend

to imprisonment for life and shall also be liable to a fine, subject to a

minimum fine of rupees five lacs.

(3) Whoever harbours or conceals or attempts to harbour or conceal,

any member of an organised crime syndicate shall be punishable with

imprisonment for a term which shall not be less than five years but which

may extent to imprisonment for life, and shall also be liable to a fine,

subject to a minimum fine of rupees five lacs.

 (4) Any person who is a member of an organised crime syndicate shall

be punishable with imprisonment for a term which shall not be less than

five years but which may extend to imprisonment for life and shall also

be liable to a fine, subejct to a minimum fine of rupees five lacs.

(5) Whoever holds any property derived or obtained from commission

of an organised crime or which has been acquired through the organised

crime syndicate funds shall be punishable with a term which shall not

be less than three years but which may extend to imprisonment for life

and shall also be liable to fine, subject to a minimum fine of rupees two

lacs.

4. If any person on behalf of a member of an organised   crime syndicate

is, or, at any time has been, in possession of movable or immovable

property which he cannot satisfactorily account for, he shall be punishable

with imprisonment for a term which shall not be less than three years

but which may extend to ten years and shall also be liable to fine, subject

to a minimum fine of rupees one lac and such property shall also be liable

Punishment
for possessing
unaccountable
wealth on
behalf of
member of
organised
crime
syndicate

for attachment and forfeiture, as provided by section 20.

4

Special
Courts.

Maharashtra Control of Organised
 Crime Act, 1999

[1999 : Mah. XXX

5. (1) The State Government may, by notification in the Official Gazette,

constitute one or more  Special Courts for such area or areas, or for such

case or class or group of cases, as may be specified in the notification.

(2) Where any question arises as to the jurisdiction of any Special

Court, it shall be referred to the State Government whose decision shall

be final.

(3) A Special Court shall be presided over by a judge to be appointed

by the State Government, with the concurrence of the Chief Justice of

the Bombay High Court. The State Government may also appoint, with

the concurrence of the Chief Justice of the Bombay High Court, additional

judges to exercise jurisdiction in a Special  Court.

(4) A person shall not be qualified for appointment as a judge or an

additional judge of a Special Court, unless he immediately before such

appointment, is a sessions judge or an additional sessions judge.

(5) Where any additional judge is or additional judges are appointed

in a Special Court, the judge of the Special Court may, from time to time,

by general or special order in writing, provide for the distribution of the

business of the Special Court among himself and the additional judge or

additional judges and also for the disposal of urgent business in the event

of his absence or the absence of any additional judges.

Jurisdiction
of Special
Court.

6.   Notwithstanding anything contained in the Code, every offence

punishable under this Act shall be triable only by the Special Court within

whose local jurisdiction it was committed, or as the case may be, by the

Special Court constituted for trying such offence under sub-section (1) of

section 5.

Power of
Special Courts
with respect
to other
offences.

7. (1) When trying any offence punishable under this Act, a Special

Court may also try any other offence with which the accussed may, under

the Code, be charged at the same trial, if the offence is connected with

such other offence.

(2) If, in the   course of any   trial of any offence under this Act, it

is  found  that  the  accused  person  has  committed  any  other    offence

under this Act  or under  any other law,  the Special Court may convict

such person of such other offence and may pass any sentence authorised

by this Act or, as the case may be, such other law, for the punishment

thereof.

5

Public
Prosecutor.

1999 : Mah. XXX]

Maharashtra Control of Organised
  Crime Act, 1999

8. (1) For every Special Court, the State Government shall appoint

a  person  to  be  the  Public  Prosecutor  and  may  appoint  one  or  more

persons  to  be  the  Additional  Public  Prosecutor  or  Additional  Public

Prosecutors :

Provided that, the State Government may also appoint for any case

or group of cases,  a Special Public Prosecutor.

 (2) A  person  shall  not  be  qualified  to  be  appointed  as  a  Public

Prosecutor, an Additional Public Prosecutor or a Special Public Prosecutor

unless  he  has  been  in  practice  as  an  Advocate  for  not  less  than  ten

years.

 (3) Every  person  appointed  as  a  Public  Prosecutor  or  Additional

Public Prosecutor or Special Public Prosecutor under this section shall

be deemed to be Public Prosecutor within the meaning of clause (u) of

section 2 of the Code, and the provisions of the Code shall have effect

accordingly.

9. (1) A Special Court may take cognizance of any offence  without the

accussed being committed to it for trial, upon receiving a complaint of

facts which constitute such offence or upon a police report of such facts.

Procedure and
powers  of
Special  Court.

(2) Where an offence triable by a Special Court is punishable with

imprisonment for a term not exceeding three years or with fine or with

both,  the  Special  Court  may,  notwithstanding  anything  contained  in

sub-section (1) of section 260 or section 262 of the Code, try the offence

in a summary way in accordance with the procedure prescribed in the

Code and the provisions of section 263 to 265 of the Code shall, as far

as may be, apply to such trial :

Provided that, where in the course of a summary trial under this sub-

section, it appears to the Special Court that the nature of the case is

such that it is undesirable to try in a summary way, the Special Court

shall recall any witnesses who may have been examined and proceed to

re-hear the case in the manner provided by the provisions of the Code

for the trial of such offence and the said provisions shall apply to and

in  relation,  to  a  Special  Court  as  they  apply  to  and  in  relation,  to  a

Magistrate :

Provided further that, in case of any conviction in a summary trial

under  this  section,  it  shall  be  lawful  for  a  Speical  Court  to  pass  a

sentence of imprisonment for a term not exceeding two years.

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Maharashtra Control of Organised
 Crime Act, 1999

[1999 : Mah. XXX

(3) A Special Court may, with a view to obtaining the evidence of

any person, supposed to have been directly or indirectly concerned in

or privy to an offence, tender a pardon to such person on condition of

his making a full and true disclosure of the whole circumstances within

his knowledge relative to the offence and to every other person concerned,

whether  as  principle  or  abetter,  in  the  commission  thereof,  and  any

pardon so tendered shall, for the purposes of section 308 of the Code,

be deemed to have been tendered under section 307 thereof.

(4) Subject to other provisions of this Act, a Special Court shall, for

the purpose  of trial  of any  offence, have all  the powers  of a  Court of

Session and shall try such offence as if it were a Court of Session, so far

as may be, in accordance with the procedure prescribed in the Code for

the trial before a Court of Session.

Trial  by
Special Courts
to  have
precedence.

10. The trial of any offence under this Act by a Special Court shall

have precedence over the trial of any other case  against the accussed

in any other Court (not being a Special Court) and shall be  concluded

in preference of the trial of such other cases and accordingly the trial

of such other cases shall remain in abeyance.

Power to
transfer cases to
regular Courts.

11. Where, after taking cognizance of an offence, a Special Court is

of the opinion that the offence is not triable by it, it shall, notwithstanding

that it has no jurisdiction to try such offence, transfer the case for trial

of such offence to any Court having jurisdiction under the Code and the

Court to which the case is transferred may proceed with the trial of the

offence as if it had taken cognizance of the offence.

Appeal.

12. (1) Notwithstanding anything contained in the Code, an appeal

shall lie from any judgement, sentence or order, not being an interlocutory

order, of a Special court to the High Court.

(2) Every appeal under this section shall be preferred within thirty

days from the date of the judgement, sentence or order.

Appointment
of Competent
Authority.

13. The State Government may appoint any of its officer, in Home

Department,  not below the rank of Secretary to Government, to be the

Competent Authority for the purposes of section 14.

1999 : Mah. XXX]

Maharashtra Control of Organised
  Crime Act, 1999

14. (1) A police officer not below the rank of Superintendent of Police

supervising the investigation of an organised crime under this Act may

submit  an  application  in  writing  to  the  Competent  Authority  for  an

order authorising or approving the  interception of wire,  electronic  or

oral communication   by the investigating officer when such  interception

may  provide  or  has  provided  evidence  of  any  offence  involving  an

organised crime.

7

Authorization
of  interception
of  wire,
electronic  or
oral
communic-
ation.

(2) Each application shall include the following information :—

(a) the  identity  of  the  investigative  or  law  enforcement  officer

making the application, and the head of the department authorizing

the application ;

(b) a statement of the facts and circumstances relied upon by the

applicant, to justify his belief that an order should be issued, including—

(i) details as to the offence of organised crime that has been, is

being, or is about to be committed ;

(ii) a  particular  description  of  the  nature  and  location  of  the

facilities from which or the place where the communication is  to

be intercepted ;

(iii) a  particular  description  of  the  type  of  communications

sought to be intercepted ; and

(iv) the identity of the person, if known, committing the offence

of organised crime whose communications are to be intercepted;

(c)  a  statement  as  to  whether  or  not  other  modes  of  enquiry  of

intelliegence  gathering  have  been  tried  and  failed  or  why  they

reasonably  appear  to  be  unlikely  to  succeed  if  tried  or  to  be  too

dangerous or is likely to expose the identity of those connected with

the operation of interception ;

(d) a  statement of the period  of time  for which the interception  is

required to be maintained. If the nature of the enquiry is such that the

authorization for interception should not automatically terminate when

the described type of communication has been first obtained, a particular

description of facts establishing probable cause to believe that additional

communications of the same type will occur thereafter ;

H  770—2

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Maharashtra Control of Organised
 Crime Act, 1999

[1999 : Mah. XXX

 (e) a statement of the facts concerning all previous applications

known  to  the  individual  authorizing  and  making  the  application,

made to the Competent Authority for authorization to intercept, or

for approval of interceptions of, wire, electronic or oral communications

involving any of the same persons, facilities or places specified in the

application and the action taken by the Competent Authority on each

such  application;  and

  (f) where  the  application  is  for  the  extension  of  an  order,  a

statement  setting  forth  the  results  thus  far  obtained  from  the

interception, or a reasonable explanation of the failure to obtain such

results.

 (3) The Competent Authority may require the applicant to furnish

additional oral or documentary evidence in support of the application.

  (4) Upon  such  application,  the  Competent  Authority  may  after

recording  the  reasons  in  writing  reject  the  application,  or  issue  an

order, as requested or as modified, authorising or approving interception

of wire, electronic or oral communications, if the Competent Authority

deteremines on the basis of the facts submitted by the applicant that—

(a) there  is  a  probable  cause  for  belief  that  an  individual  is

committing,  has  committed,  or  is  about  to  commit  a  particular

offence described and made punishable under sections 3 and 4 of this

Act;

(b) there  is  a  probable  cause  for  belief  that  particular

communications  concerning  that  offence  will  be  obtained  through

such interception;

(c) normal modes of enquiry and intelligence gathering have been

tried and have failed or reasonably appear to be unlikely to succeed

if tried or to be too dangerous or is likely to expose the identity of

those connected with the operation  of interception ;

(d) there is probable cause for belief that the facilities from which,

or the place where, the wire, electronic or oral communications are

to be intercepted or be used or are about to be used, in connection

with the commission of such offence, leased to, or are listed in the

name of or commonly used by such person.

1999 : Mah. XXX]

Maharashtra Control of Organised
  Crime Act, 1999

9

(5) Each order by the Competent Authority authorizing or approving

the  interception of  any wire,  electronic or  oral communication  under

this section shall specify—

(a) the identity of the person, if known, whose communications are

to be intercepted ;

(b) the nature and location of the communication facilities as to

which, or the place where, authority to intercept is granted;

(c) a particular description of the type of communication sought to

be intercepted, and a statement of the particular offence to which it

relates  ;

(d) the  identity  of  the  agency  authorized  to  intercept  the

communications, and of the person authorizing the application;  and

(e) the period of time during which such interception is authorized,

including  a  statement  as  to  whether  or  not  the  interception  shall

automatically  terminate  when  the  described  communication  has

been first obtained.

(6) The  Competent  Authority  shall  immediately  after  passing  the

order under sub-section (4), but in any case not later than seven days

from the passing of the order, submit a copy of the same to the Review

Committee  constituted  under  section  15  alongwith  all  the  relevant

underlying papers, record and his own findings, etc., in respect of the

said order, for consideration and approval of the order by the Review

Committee.

(7) An order authorizing the interception of a wire, electronic or oral

communication under this section shall, upon request of the applicant,

direct  that  a  provider  of  wire  or  electronic  communication  service,

landlord, custodian or other person shall furnish to the applicant forthwith

all information, facilities, and technical assistance necessary to accomplish

the  interception  unobtrusively  and  with  a  minimum  of  interference

with  the  services  that  such  service  provider,  landlord,  custodian,  or

person  is  providing  to  the  person  whose  communications  are  to  be

intercepted.

 (8) No order issued under this section may authorize or approve

the interception of any wire, electronic or oral communication  for any

period  longer  than  is  necessary  to  achieve  the  objective  of  the

H  770—2a

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Maharashtra Control of Organised
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[1999 : Mah. XXX

authorization, nor in any event longer than sixty days. Such sixty days

period shall begin on the day immediately preceding the day on which

the investigative or law enforcement officer first begins to conduct an

interception  under  the  order  or  ten  days  after  the  order  is  issued,

whichever is earlier. Extension of an order may be granted, but only

upon an application for an extension is made in accordance with sub-

section (1) and the Competent Authority making the findings required

by sub-section (4). The period of extension shall be no longer than the

Competent  Authority  deems  necessary  to  achieve  the  purposes  for

which it was granted and in no event for longer than sixty days at a

time. Every order and extension thereof shall contain a provision that

the authorization to intercept shall be executed as soon as practicable

and  shall  be  conducted in  such  a  way  or  manner as  to  minimize  the

interception  of  communications  not  otherwise  subject  to  interception

under this section and must terminate upon attainment of the authorized

objective, or in any event on expiry of the period of order. In the event

the intercepted communication is in a code or foreign language, and an

expert  in  that  foreign  language  or  code  is  not  reasonably  available

during the interception period, minimization may by accomplished as

soon as practicable after such interception. An interception under this

section may be conducted in whole or in part by public servant, or by

an individual operating under a contract with the State Government,

acting under the supervision of  the investigative or law enforcement

officer authorized to conduct the interception.

(9) Whenever an order authorizing interception is issued pursuant to

this section, the order may require reports to be made to the Competent

Authority who issued the order showing that progress has been made

towards  achievement  of  the  authorized  objective  and  the  need  for

continued interception. Such reports shall be made at such intervals as

the Competent Authority may require.

(10) Notwithstanding anything contained in any other provision of

this  section,  an  Officer  not  below  the  rank  of  Additional  Director

General of Police who reasonably determines that—

(a) an emergency situation exists that involves—

1999 : Mah. XXX]

Maharashtra Control of Organised
  Crime Act, 1999
(i)  immediate danger of death or  serious physical injury to any

11

person ;

(ii) conspiratorial activities threatening the security or interest

of the State ; or

(iii) conspiratorial activities, characteristic of organized crime,
that  requires  a  wire,  electronic  or  oral  communication  to  be
intercepted  before  an  order  from  the  Competent  Authority
authorizing such interception can, with due diligence, be obtained,
and

(b) there are grounds upon which an order could be issued under

this section to authorize such interception,

may authorise, in writing, the investigating Police Officer to intercept
such  wire,  electronic  or  oral  communication,  if  an  application  for  an
order approving the interception is made in accordance with the provisions
of sub-sections (1) and (2) within forty-eight hours after the interception
has  occurred, or  begins to  occur.

(11) In  the  absence  of  an  order  approving  the  interception  made
under sub-section (10), such interception shall immediately terminate
when the communication sought is obtained or when the application for
the  order  is  rejected,  whichever  is  earlier.  In  the  event  where  an
application for permitting interception is rejected under sub-section (4)
or an application under sub-section (10) for approval is rejected, or in
any other case where the interception is terminated without an order
having  been  issued,  the  contents  of  any  wire,  electronic  or  oral
communication intercepted shall be treated as having been obtained in
violation of this section.

(12)

(a) The contents of any wire, electronic or oral communication
intercepted by any means authorized by this section shall, if possible,
be recorded on tape or wire or other comparable device. Recording of
the contents of any wire, electronic or oral communication under this
sub-section shall be done in such a way as will protect the recording
from editing or other alterations. Immediately upon the expiration of
the period of order, or extension thereof, such recordings shall be made
available to the Competent Authority issuing such order and shall be
sealed under his directions. Custody of the recordings shall be wherever
the  Competent  Authority  orders.  They  shall  not  be  destroyed  except
upon an order of the Competent Authority and in any event shall be
kept for ten years.

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Maharashtra Control of Organised
 Crime Act, 1999

[1999 : Mah. XXX

(b) Applications made and orders issued under this section shall be

sealed  by  the  Competent  Authority.  Custody  of  the  applications  and

orders shall be wherever the Competent Authority directs, and shall not

be destroyed except on an order of the Competent Authotity, and in any

event shall be kept for ten years.

The  Competent  Authority  upon  the  filing  of  a  motion,  may  in  his

discretion make available to such person or his counsel for inspection

such  portions  of  the  intercepted  communications,  applications  and

orders  as  the  Competent  Authority  determines  to  be  in  the  interest

of justice.

(13) Notwithstanding anything in the Code or in any other law for the

time being in force, the evidence collected through the interception of

wire,  electronic  or  oral  communication  under  this  section  shall  be

admissible as evidence against the accused in the Court during the trial

of a case :

Provided  that,  the  contents  of  any  wire,  electronic  or  oral

communication intercepted pursuant to this section or evidence derived

therefrom shall not be received in evidence or otherwise disclosed in

any trial, hearing or other proceeding in any Court unless each party,

not  less  than  ten  days  before  trial,  hearing  or  proceeding,  has  been

furnished  with  a  copy  of  the  order  of  the  Competent  Authority,  and

accompanying application, under which the interception was authorised

or approved :

Provided  further  that,  this  ten  days  period  may  be  waived  by  the

judge, trying the matter, if he finds that it was not possible to furnish

the party with the above information ten days before the trial, hearing

or proceeding and that the party will not be prejudiced by the delay in

receiving such information.

Explanation.—For the purposes  of this section—

(a) ‘wire communication’ means any aural transfer made in whole

or  part    through    the    use    of  facilities    for  the  transmission  of

communications  by  the  aid  of  wire,  cable  or  other  like  connection

between the point of origin and the  point of connection,  between the

point  of  origin  and point  of  reception  (including  the  use  of  such

connection switching station) and such term includes any electronic

storage of such communication ;

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Maharashtra Control of Organised
  Crime Act, 1999

13

(b)‘oral communication’ means any oral communication uttered by

a person exhibiting an expectation that such communication is not

subject to interception under circumstances justifying such expectation

but such term does not include any electronic communication;

(c) ‘electronic communication’ means any transfer of signs, singnals,

writings, images, sounds, data or intelligence of any nature transmitted

in whole or in part by a wire, radio, electromagnetic, photo electronic

or photo optical system that affects inland or foreign commerce but

does not include,—

(i) the radio portion of a cordless telephone communication that

is transmitted between the wireless telephone hand-set and the

base unit;

(ii) any wire or oral communication ;

(iii) any communication made through a tone only paging device;

or

(iv) any communication from a tracking device ;

(d) ‘intercept’ means the aural or other acquisition of the contents

by  wire,  electronic  or  oral  communication  through  the  use  of  any

electronic,  mechanical  or  other  device.

15. (1) There  shall be  a Review  Committee  to review  every   order

passed by the Competent Authority under section 14.

(2) The  Review  Committee  shall  consist  of  the  following

ex officio members, namely :—

Constitution
of  Review
Committee  for
review of
authorisation
orders.

(i)

the Chief Secretary to Government

.  . Chairman

(ii)

the Additional Chief Secretary or the   .  . Member

senior most Principal Secretary,  as the

case may be, in the Home Department.

(iii) Principal Secretary or Secretary and

.  . Member

Remembrancer of Legal Affairs, Law and

Judiciary Department.

(3) Every order passed by the Competent Authority under section

14,  placed  before  the  Review  Committee,  shall  be  considered  by  the

Review Committee within ten days after its  receipt,  to  decide  whether

14

Maharashtra Control of Organised
 Crime Act, 1999

[1999 : Mah. XXX

Interception
and  disclosure
of wire,
electronic or
oral
communications
prohibited.

the   order,   authorising or approving the application under sub-section

(4) of section 14, for interception or disapproving the interception made

under sub-section (10) of that section in emergency situation, passed by

the Competent Authority was necessary, reasonable and justified.

(4) The  Review  Committee,  after  examining  the  entire  record  and

holding  such  enquiry,  if  any,  deemed  necessary  may,  by  order  in

writing, either approve the order passed by the Competent Authority or

may issue order disapproving the same. On issue of an order of disapproval

by the Review Committee, the interception, if any, already commenced

shall be forthwith discontinued. The intercepted communication, if any,

in  the  form  of  tape,  wire  or  other  device  shall,  thereupon,  not  be

admissible as evidence in any case and shall be directed to be destroyed.

16. Except as otherwise specifically provided in section 14, any police

officer who—

(a) intentionally intercepts, endeavours  to intercept or procures

any  other  person  to  intercept  or  endeavour  to  intercept  any  wire,

electronic  or  oral  communication  ;

(b) intentionally  uses, endeavours  to use,  or procures  any other

person  to  use  or  endeavours  to  use  any  electronic,  mechanical  or

other device to intercept any oral communication when—

(i) such device is affixed to, or otherwise transmits a signal through

a wire, cable, or other like connection used in wire communication ;

or

(ii) such device transmits communications by radio, or interferes

with the transmission of such communication;

(c) intentionally discloses, or endeavours to disclose, to any other

person the contents of any wire, electronic or oral communication,

knowing or having reason to know that the information was obtained

through the interception of a wire, electronic or oral communication

in violation of this sub-section ;

(d) intentionally uses, or endeavours to use, the contents of any

wire, electronic or oral communication, knowing or having reason to

know that the information was obtained through the interception of

a  wire,  electronic  or  oral  communicaiton  in  violation  of  this  sub-

section  ;  or

1999 : Mah. XXX]

Maharashtra Control of Organised
  Crime Act, 1999

15

(e) (i) intentionally  discloses,  or  endeavours  to  disclose,  to  any

other  person  the  contents  of  any  wire,  electronic  or  oral

communication, intercepted by means authorized by section  14 ;

(ii) knowing or having reason to know that the information was

obtained  through  the  interception  of  such  a  communication  in

connection with a criminal investigation under this Act ;

(iii) having  obtained  or  received  the  information  in  connection

with a criminal investigation ;  and

(iv) with intent to improperly obstruct, impede, or interfere with

a duly authorised criminal investigation ; or

(f) intentionally continues the interception of wire, electronic or

oral communication after the issue of an order of disapproval by the

Review Committee under sub-section (4) of section 15,

shall for such violation be punishable with imprisonment for a term

which may extend to one year and with fine upto rupees fifty thousand.

 17. (1) Notwithstanding   anything   to   the   contrary contained in

I of
1872.

the Code, or the Indian Evidence Act, 1872, for the purposes of trial and

punishment for offences under this Act or connected offences, the Court

may take into consideration as having probative value, the fact that the

Special Rules
of  evidence.

accused was,—

 (a) on any previous occasion bound under section 107 or section

110 of the Code ;

 (b) detained under any law relating to preventive detention;  or

 (c) on any previous occasion was prosecuted in the Special Court

under this Act.

 (2) Where  it  is  proved  that  any  person  involved  in  an  organised

crime  or  any  person  on  his  behalf  is  or  has  at  any  time  been  in

possession  of  movable  or  immovable  property  which  he  cannot

satisfactorily  account  for,  the  Special  Court  shall,  unless  contrary  is

proved, presume that such property or pecuniary resources have been

acquired or derived by his illegal activities.

 (3) Where it is proved that the accused has kidnapped or abducted

any person, the Special Court shall presume that it was for ransom.

(G.C.P.)  H  770—3  (4742—10-12)

16

Certain
confessions
made  to
police  officer
to be  taken
into
consideration.

Maharashtra Control of Organised
 Crime Act, 1999

[1999 : Mah. XXX

18. (1) Notwithstanding anything in the Code or in the Indian Evidence
Act,  1872, but subject to the provisions of this section, a confession made

I of
1872.

by a person before a police officer not below the rank of the Superintendent

of Police and recorded by such police officer either in writing or on any

mechanical  devices  like  cassettes,  tapes  or  sound  tracks  from  which

sounds or images can be reproduced, shall be admissible in the trial of

such person or co-accused, abettor or conspirtor :

Provided that, the co-accused, abettor or conspirator is charged and

tried in the same case together with the accused.

(2) The confession shall be recorded in a free atmosphere in the same

language in which the person is examined and as narrated by him.

(3)  The  police  officer  shall,  before  recording  any  confession  under

sub-section (1), explain to the person making it that he is not bound to

make a confession and that, if he does so, it may be used as evidence

against him and such police officer shall not record any such confession

unless upon questioning the person making it, he is satisfied that it is

being made voluntarily. The concerned police officer shall , after recording

such voluntry confession, certify in writing below the confession about

his personal satisfaction of the voluntary character of such confession,

putting the date and time of the same.

(4) Every  confession  recorded  under  sub-section  (1)  shall  be  sent

forthwith  to  the  Chief  Metropolitan  Magistrate  or  the  Chief  Judicial

Magistrate having jurisdiction over the area in which such confession

has  been  recorded  and  such  Magistrate  shall  forward  the  recorded

confession so recived to the Special Court which may take cognizance

of the offence.

(5) The person from whom a confession has been recorded under sub-

section  (1)  shall  also  be  produced  before  the  Chief  Metropolitan

Magistrate or the Chief Judicial Magistrate to whom the confession is

required to be sent under sub-section (4) alongwith the original statement

of  confession,  written  or  recorded  on  mechanical  device  without

unreasonable delay.

(6) The Chief Metropolitan Magistrate or the Chief Judicial Magistrate

shall scrupulously record the statement, if any, made by the accused so

1999 : Mah. XXX]

Maharashtra Control of Organised
  Crime Act, 1999

17

produced and get his signature and in case of any complaint of torture,

the  person  shall  be  directed  to  be  produced  for  medical  examination

before a Medical Officer not lower in rank than of an Assistant Civil

Surgeon.

19. (1)  Notwithstanding  anything  contained  in  the  Code,  the

proceedings under this Act may be held in Camera, if the Special Court

Protection
of  witnesses.

so  desires.

(2) A Special Court may, on an application made by a witness in any

proceeding  before  it  or  by  the  Public  Prosecutor  in  relation  to  such

witness or on its own motion, take such measures as it deems fit for

keeping the identity and address of any witness secret.

(3)  In  particular,  and  without  prejudice  to  the  generality  of  the

provisions of sub-section (2), the measures which a Special Court may

take under that sub-section may include,—

(a) the holding of the proceedings at a place to be decided by the

Special Court ;

(b) the avoiding of the mention of the names and addressess of the

witnesses in its orders or judgements or in any records of the case

accessible to public ;

(c) the issuing of any directions for securing that the identity and

addresses of the witnesses are not disclosed ;

(d) that, it is in the public interest to order that all or any of the

preceedings pending before such a Court shall not be published in

any manner.

(4) Any  person  who  contravenes  any  direction  issued  under

sub-section (3) shall be punishable with imprisonment for a term which

may extend to one year and with fine which may extend to one thousand

rupees.

20. (1) Where a person has been convicted of any offence punishable

under  this  Act,  the  Special  Court  may,  in  addition  to  awarding  any

punishment, by order in writing, declare, that any property, movable or

immovable or both, belonging to the accused and specified in the order,

shall stand forfeited to the State Government, free from all encumbrances.

Forfeiture  and
attachment  of
property.

(2)  Where  any  person  is  accused  of  any  offence  under  this

Act, it shall be open to the Special Court trying him, to pass an order

H  770—3a

18

Maharashtra Control of Organised
 Crime Act, 1999

[1999 : Mah. XXX

that all or any properties, movable or immovable or both, belonging to

him, shall, during the period of such trial, be attached, and where such

trial ends in conviction , the properties so attached shall stand forfeited

to the State Government, free from all encumbrances.

(3) (a) If, upon a report in writing made by an investigating police

officer with the approval of the supervisory officer referred to in sub-

section (1) of section 14, any Special Court has reason to believe that

any person, who has committed an offence punishable under this Act

has absconded or is concealing himself so that he may not be apprehended,

such Court may, notwithstanding anything contained in section 82 of

the Code, publish a written proclamation requiring him to appear at a

specified place and at a specified time not less than fifteen days but not

more than thirty days from the publication of such proclamation :

Provided  that,  if  the  investigating  police  officer  concerned  fails  to

arrest the accused, who has absconded or is concealing himself, within

a period of three months from the date of registering the offence against

such person, the officer shall, on the expiry of the said period, make a

report to the Special Court for issuing the proclamation.

(b) The Special Court issuing a proclamation under clause (a) may, at

any time, order the attachment or any property, movable or immovable

or both, belonging to the proclaimed person, and thereupon the provisions

of sections 83 to 85 of the Code shall apply to such attachment as if such

attachment were made under that Code.

(c) If, within six months from the date of attachment, any person,

whose property is, or has been, at the disposal of the State Government

under sub-section (2) of section 85 of the Code, appears voluntarily or

is apprehended and brought before the Special Court by whose order the

property was attached, or the Court to which such Court is subordinate,

and proves to the satisfaction of such Court that he did not abscond or

conceal himself for the purpose of avoiding apprehension and that he

had not received such notice of the proclamation as to enable him to

attend within the specified time therein, such property or, if the same

has  been  sold,  the  net  proceeds  of  the  same  and  the  residue  of  the

property,  shall,  after  satisfying  therefrom  all  costs  incurred  in

consequence of the attachment, be delivered to him.

19

Modified
application  of
certain
provisions  of
the  Code.

1999 : Mah. XXX]

Maharashtra Control of Organised
  Crime Act, 1999

21.  (1) Notwithstanding anything contained in the Code or in any
other law, every offence punishable under this Act, shall be deemed to
be a cognizable offence within the meaning of clause (c) of section 2 of
the  Code  and  “congnizable  case” as  defined  in  that  clause  shall  be
construed accordingly.

(2)

Section 167 of the Code shall apply in relation to a case involving
an offence punishable under this Act subject to the modifications that,
in sub-section (2),—

(a) the references to “ fifteen days ”, and “ sixty days ”, wherever
they  occur,  shall  be  construed  as  references  to  “  thirty  days  ”  and
“ ninety days”, respectively ;

(b)  after  the  proviso,  the  following  proviso  shall  be  inserted,

namely :—

“Provided further that if it is not possible to complete the investigation
within the said period of ninety days, the Special Court shall extend the
said  period  upto  one  hundred  and  eighty  days,  on  the  report  of  the
Public Prosecutor indicating the progress of the investigation and the
specific reasons for the detention of the accused beyond the said period
of ninety days.”.

(3) Nothing in section 438 of the Code shall apply in relation to any
case  involving  the  arrest  of  any  person  on  an  accusation  of  having
committed an offence punishable under this Act.

(4) Notwithstanding  anything  contained  in  the  Code,  no  person
accused of an offence punishable under this Act shall, if in custody, be
released on bail or on his own bond, unless—

(a) the Public Prosecutor has been given an opportunity to oppose

the application of such release ; and

(b) where the Public Prosecutor opposes the application, the Court
is satisfied that there are reasonable grounds for believing that he is
not  guilty  of  such  offence  and  that  he  is  not  likely  to  commit  any
offence while on bail.

(5)  Notwithstanding  anything  contained  in  the  Code,  the  accused
shall not be granted bail if it is noticed by the Court that he was on bail
in an offence under this Act, or under any other Act, on the date of the
offence in question.

(6) The limitations on granting of bail specified in sub-section (4) are
in addition to the limitations under the Code or any other law for the
time being in force on the granting of bail.

20

Maharashtra Control of Organised
 Crime Act, 1999

[1999 : Mah. XXX

Presumption
as  to
offences under
section  3.

(7)  The  police  officer  seeking  the  custody  of  any  person  for  pre-

indictment or pre-trial interrogation from the judicial custody shall file

a written statement explaining the reason for seeking such custody and

also for the delay, if any, in seeking the police custody.

22. (1) In a prosecution for an offence of organised crime punishable

under section 3, if it is proved—

(a) that unlawful arms and other material including documents or

papers were recovered from the possession of the accused and there

is  reason  to  believe  that  such  unlawful  arms  and  other  material

including documents or papers were used in the commission of such

offence  ;  or

(b)  that  by  the  evidence  of  an  expert,  the  finger  prints  of  the

accused were found at the site of the offence or on anything including

unlawful arms and other material including documents or papers and

vehicle used in connection with the commission of such offence,

the Special Court shall presume, unless the contrary is proved, that the

accused had committed such offence.

(2)  In  a  prosecution  for  an  offence  of  organised  crime  punishable

under  sub-section  (2)  of  section  3,  if  it  is  proved  that  the  accused

rendered any financial assistance to a person accused of, or reasonably

suspected  of,  an  offence  of  organised  crime,  the  Special  Court  shall

presume, unless the contrary is proved, that such person has committed

the offence under the said sub-section (2).

Cognizance of,
and
investigation
into,
an offence.

23. (1) Notwithstanding anything contained in the Code,—

(a) no information about the commission of an offence of organised

crime under this Act, shall be recorded by a police officer without the

prior approval of the police officer not below the rank of the Deputy

Inspector General of Police;

(b) no investigation of an offence under the provisions of this Act

shall be carried out by a police officer below the rank of the Deputy

Superintendent of Police.

(2) No Special Court shall take cognizance of any offence under this

Act without the previous sanction of the police officer not below the rank

of Additional Director General of Police.

1999 : Mah. XXX]

Maharashtra Control of Organised
  Crime Act, 1999

24. Whoever being a public servant renders any help or support in

any manner in the commission of organised crime  as defined in clause

(e) of section 2, whether before or after the commission of any offence

by a member of an organised crime syndicate or abstains from taking

lawful measures under this Act or intentionally avoids to carry out the

directions of any Court or of the superior police officers in this respect,

shall be punished with imprisonment of either description for a term

which may extend to three years and also with fine.

21

Punishment
for public
servants
failing  in  the
discharge of
their duties.

25. The provisions of this Act or any rule made thereunder  or any

Overriding
effect

order  made  under  any  such  rule  shall,  have  effect  notwithstanding

anything  inconsistent  therewith  contained  in    any  other  law  for  the

time being in force or in any instrument having the force of law.

26. No suit, prosecution or other legal proceeding shall lie against the

State Government or any officer or authority of the State Government

for  anything  which  is  in  good  faith  done  or  intended  to  be  done  in

pursuance of this Act or any rule made thereunder or any order issued

Protection    of
action  taken
in good  faith.

under any such rule.

27. (1)  The  State  Government  shall  cause  an  annual  report  to  be

Annual

prepared giving a full account of,—

Report  of

Interceptions.

(i)  the number  of applications  for  authorisation of  interceptions

received by the Competent Authority from the Police Department in

which prosecutions have been launched;

(ii) the number of such applications permitted or rejected ;

(iii) the number of interceptions carried out in emergency situations

and the number of ex-post-facto authorisations or approvals granted

or rejected  in such  matters ;

(iv) the number of prosecutions launched based on such interceptions

and  convictions  resulting  from  such  interceptions,  alongwith  an

explanatory memorandum giving general assessment of the utility

and importance of the interceptions authorised.

22

Maharashtra Control of Organised
 Crime Act, 1999

[1999 : Mah. XXX

(2) Such annual report shall be laid by the State Government before

each  House  of  the  State  Legislature  within  three  months  of  the

completion of every calendar year:

Provided  that,  if  the  State  Government  is  of  the  opinion  that  the

inclusion of any matter in the annual report would be prejudicial to the

security of the State or to the prevention or detection of any organised

crime,  the  State  Government  may  exclude  such  matter  from  being

included in such annual report.

Power  of
High Court to
make rules

Power  of
State
Government
to  make  rule.

28.  The High Court may, by notification in the Official Gazette, make

such rules as it may deem necessary for carrying out the provisions of

this Act relating to the Special Courts.

29. (1) Without prejudice to the powers of the High Court to make

rules under section 28, the State Government may, by notification in

the Official Gazette, make rules for carrying out the purposes of this

Act.

(2) Every rule made under this Act shall be laid, as soon as may be

after it is made, before each House of the State Legislature, while it is

in session, for a total period of thirty days, which may be comprised in

one  session  or  in  two  or  more  successive  sessions,  and  if,  before  the.

expiry of the session immediately following the session or the successive

sessions aforesaid, both Houses agree in making any modification in the

rule or both Houses agree that the rule should not be made, and notify

such decision  in the Official  Gazette, the  rule shall,  from  the date  of

publication of such notification, have effect only in such modified form

or  be  of  no  effect,  as  the  case  may  be,  so,  however,  that  any  such

modification or annulment shall be without prejudice to the validity of

anything previously done under that rule.

30. (1)  The    Maharashtra  Control  of  Organised  Crime Ordinance,

1999 is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken

under the said Ordinance shall be deemed to have been done or taken,

as the case may be, under the corresponding provisions of this Act.

Mah.
Ord.
III  of
1999.

PRINTED AT THE GOVERNMENT CENTRAL PRESS, MUMBAI

Repeal  of
Mah.  Ord. III
of  1999    and
saving.

Maharashtra Control of Organised
 Crime Act, 1999

[1999 : Mah. XXX

Maharashtra Government Publication
can be obtained from—

THE  DIRECTOR
GOVERNMENT PRINTING, STATIONERY AND PUBLICATION
MAHARASHTRA  STATE
Netaji Subhash Road,
MUMBAI 400 004.
Phone : 022 - 23632693, 23630695,
23631148, 23634049

THE MANAGER
GOVERNMENT PHOTOZINCO PRESS AND BOOK DEPOT
Photozinco Press Area, Near G.P.O.,
PUNE 411 001.
Phone : 020 - 26125808, 26124759

THE MANAGER
GOVERNMENT PRESS AND BOOK DEPOT
Civil Lines,
NAGPUR 440 001.
Phone : 0712 - 2562615

THE ASSTT. DIRECTOR
GOVERNMENT STATIONERY, STORE AND BOOK DEPOT
Shaha Ganj, Near Gandhi Chowk,
AURANGABAD 431 001.
Phone : 0240 - 2331468, 2331525

THE MANAGER
GOVERNMENT PRESS AND STATIONERY STORE
Tarabai Park,
KOLHAPUR 416 003.
Phone : 0231-2650395, 2650402

AND THE RECOGNISED BOOKSELLERS

